Determining marital portion of wife’s retirement health insurance benefits, when equitably distributing property pursuant to divorce, required using years of marriage as a fraction of wife’s total years of employment, rather than considering such benefits marital to the extent they vested during marriage, overruling Sparks v. Sparks, 233 P.3d 1091.

Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com